Kansas medical malpractice law
In Kansas, you generally have 2 years to file a medical malpractice claim from the date of the treatment. See the damage caps and expert rules for 2026.
Sources checked
Malpractice lawyers in Kansas
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5.Start the claim in time
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6.Settlement or trial
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Your deadline: 2 years from the treatment
Kansas rules at a glance
Work out your deadline- Filing deadline
- 2 years from the treatment
- Damage caps
- No enforceable cap for personal injury
- Before you file
- No notice or affidavit needed
- Shared fault
- Modified comparative (50% bar)
Full Kansas law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2030
- The clock startsOn the day of the treatment
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most4 yearsafter the treatment, with a few exceptions
The rules in Kansas
Filing deadline
2 years
Counted from the treatment. File within 2 years. The clock starts at the act, unless the injury was not reasonably ascertainable until later, in which case it starts then; in no case more than 4 years after the act.
Discovery rule
Applies
Yes, when the fact of injury was not reasonably ascertainable at the time of the act, inside the 4-year limit.
Outer limit
4 years
No action more than 4 years after the act giving rise to the claim.
Kan. Stat. Ann. § 60-513(c)
Damage caps
No enforceable cap for personal injury. The Kansas Supreme Court held the non-economic cap in Kan. Stat. Ann. § 60-19a02 unconstitutional in Hilburn v. Enerpipe Ltd. (2019).
No cap on personal injury damages, but the separate $250,000 wrongful death non-economic cap still applies.
- Wrongful death
- Wrongful death non-economic damages remain limited to $250,000 by Kan. Stat. Ann. § 60-1903, which Hilburn did not address.
Kan. Stat. Ann. §§ 60-19a02 (held unconstitutional), 60-1903
Children
Different clock
A minor may sue within 1 year after turning 18, but never more than 8 years after the act.
Affidavit of merit
Not required
No affidavit of merit. Either party may ask for a medical malpractice screening panel, which is optional (Kan. Stat. Ann. § 65-4901).
Notice before suing
Not required
No pre-suit notice requirement.
Shared fault
Modified comparative (50% bar)
Modified comparative fault: barred at 50% or more of the fault
Experts
Expert evidence
A standard-of-care expert must be licensed in the same profession and have spent at least half of their professional time in the 2 years before the incident in active clinical practice in the same profession (Kan. Stat. Ann. § 60-3412).
Kansas providers carry coverage through the Health Care Stabilization Fund.
Sources
- Kansas Statutes § 60-513, Kansas Office of Revisor of Statutes
- Kansas Statutes § 60-515, Kansas Office of Revisor of Statutes
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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